B-115969, OCT. 31, 1955

B-115969: Oct 31, 1955

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IRVING TREATNER: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 12. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF JUNE 12. THE SETTLEMENT WAS CAREFULLY REVIEWED AND BY DECISION OF AUGUST 18. THE SETTLEMENT WAS SUSTAINED AND YOU WERE AGAIN ADVISED THE BASIS FOR THE DISALLOWANCE OF YOUR CLAIM. THE CHECK MAY HAVE BEEN LOST AND YOU HAVE NOT RECEIVED ITS PROCEEDS. THE FACTS REMAINS THAT THE CHECK WAS ISSUED DECEMBER 22. OUR OFFICE IS REQUIRED TO SETTLE CLAIMS IN ACCORDANCE WITH APPLICABLE LAW WHICH. IS THE ACT OF JUNE 22. THE PROVISIONS OF THAT ACT WERE EXPLAINED TO YOU IN THE ABOVE-CITED SETTLEMENT AND DECISION. IS QUOTED FOR YOUR INFORMATION: "ALL CLAIMS ON ACCOUNT OF ANY CHECK. OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK.

B-115969, OCT. 31, 1955

TO MR. IRVING TREATNER:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 12, 1955, CONCERNING YOUR CLAIM FOR THE PROCEEDS OF TREASURY (CIVIL SERVICE RETIREMENT) CHECK NO. 7,342,454, DRAWN DECEMBER 22, 1944, TO YOUR ORDER, FOR $43.01 BY G. F. ALLEN, SYMBOL NO. 100.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF JUNE 12, 1953. AS REQUESTED BY YOU, THE SETTLEMENT WAS CAREFULLY REVIEWED AND BY DECISION OF AUGUST 18, 1953, B-115969, THE SETTLEMENT WAS SUSTAINED AND YOU WERE AGAIN ADVISED THE BASIS FOR THE DISALLOWANCE OF YOUR CLAIM. WHILE, AS STATED BY YOU, THE CHECK MAY HAVE BEEN LOST AND YOU HAVE NOT RECEIVED ITS PROCEEDS, THE FACTS REMAINS THAT THE CHECK WAS ISSUED DECEMBER 22, 1944, AND THE RECORDS OF THE TREASURY DEPARTMENT SHOWN THAT IT HAS BEEN PAID. OUR OFFICE IS REQUIRED TO SETTLE CLAIMS IN ACCORDANCE WITH APPLICABLE LAW WHICH, IN YOUR CASE, IS THE ACT OF JUNE 22, 1926, 44 STAT. 761. THE PROVISIONS OF THAT ACT WERE EXPLAINED TO YOU IN THE ABOVE-CITED SETTLEMENT AND DECISION. HOWEVER, SECTION 2, THE PERTINENT PROVISION, IS QUOTED FOR YOUR INFORMATION:

"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT,OR WARRANTS INVOLVED.'

SINCE THE CHECK HAS BEEN PAID AND SINCE IT WAS ISSUED MORE THAN SIX YEARS AGO, IT IS CLEAR FROM THE ABOVE PROVISION OF LAW THAT OUR OFFICE IS PRECLUDED FROM TAKING ANY FURTHER ACTION ON YOUR CLAIM. THEREFORE, THE DECISION OF AUGUST 18, 1953, IS AFFIRMED.

THE LETTERS WHICH YOU ENCLOSED PRESENT NO EVIDENCE OR MATERIAL INFORMATION NOT PREVIOUSLY CONSIDERED IN THE DISALLOWANCE OF YOUR CLAIM AND, THEREFORE, THEY ARE RETURNED AS REQUESTED BY YOU.